If a court order stipulates that a juvenile felon is to be sentenced to DOC at the age 18 (they are to reside in juvenile prison system until then), is the prison facility obligated to send them to adult at that age? or is this a blurry area?
fighting DCFS. judge took disposition under advisement as we provided exhibits to back our testimony that caseworker had lied about having an empty file for respondent parents. Evidence given were emails from the case worker suggesting where to go for assessments, certificates of completion, drug... View More

answered on Oct 18, 2023
Yes. Sometimes a judge wants to make a written finding and send it to everyone in writing, sometimes they want to enable saving face for a party or a witness. Or sometimes they haven't made their mind up yet and are rethinking witness testimony. There can be a number of reasons for a judge... View More

answered on Oct 17, 2023
Whether or not DCFS takes your kids depends on a number of factors, including the ages of your children, how long they were left alone, and whether or not they were in danger. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.
Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room... View More

answered on Jul 5, 2023
First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made.
He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal... View More
I got charged with reckless driving, fleeing/attempt to elude an a officer, Unlicensed (it was after curfew), unlawful use cannabis/driver, 35+ in a 55, and disregard of 7 separate stop signs. I know nothing is certain until I appear in court but I’d like to know what they might charge me with... View More

answered on Mar 8, 2023
If a driver runs more than two stop signs or stop lights or exceeds the speed limit by more than 20 miles an hour while an officer is in pursuit, that could be charged as a felony. The first court date is not the end of your case; it is the beginning. That is where you or your attorney plead not... View More
Even though my girlfriend (the mother) wanted me to, the cop said parents only. Is this true?

answered on Oct 11, 2022
As you have learned , that is exactly right. As a boyfriend you are legally not a family member and have no legitimate authority to request any accommodation with respect of another person’s child.

answered on Jan 4, 2022
In short, yes.
Police have the job of investigating cases.
Prosecutors have the job of deciding whether to file charges, on which charges they should be, and whether and how to proceed on them.
There is no legal requirement, despite how unusual that may be, for... View More
He has been a serious addict for over 1 year now. I'm not getting much help and the cops seem to keep giving him a pass on his behavior. He has even caused me to have a nervous breakdown over the summer and ended up in the hospital. He does not want rehab either. He gets sent to the hospital... View More

answered on Dec 13, 2021
You need to immediately get medical and legal assistance for your son. Consult directly with the professionals of your choice.
Which that person launched a DOS attack on the school disabling wifi. Now my child is being charged with a level 5 felony. Can this be true if he did not launch the attack?

answered on Sep 30, 2021
There is no such thing as "level five felony in Illinois", as Illinois has the following felony Classes: 1, 2, 3, 4, and X.
You must immediately discuss your minor's child criminal exposure off any public venue or fora with a competent licensed attorney as that situation has... View More
I will be 17 in 4 months, and I am more than ready to leave. I have to live with the person that abused me for a few years and it’s killing me. I have somewhere to stay, that is a safe, stable,loving home. I just need to know, what legal actions can be taken against me?

answered on Sep 29, 2021
Technically, the parent with legal parental rights may initiate a process of returning you home by contacting the police, state police or even the FBI, if you leave the State of Illinois, thus making your return a federal jurisdictional matter.
However, you may contact the local court and... View More
He lives in Missouri. My probation is 18 months long. Is it possible I can move when I turn 18 ?

answered on Sep 21, 2021
No, you may not move out of the State of Illinois, even if you become 18, unless the terms and conditions of your Illinois probation permit that out of state move. Ask your assigned PO or the attorney who worked on your criminal case.
Suppose that two teenagers in Illinois (one fifteen and one seventeen) are caught being intimate by the police. The fifteen-year-old, though not yet the age of consent, was not threatened, pressured, or forced into this act by her seventeen-year-old boyfriend; they both went willingly out of mutual... View More

answered on Jan 24, 2021
On your facts, the only criminal offense with which the boy could be charged is "sexual abuse" which is a class A Misdemeanor. The boy can only be charged by the State's Attorney. The girl's parents may make a request that charges be filed but whether to charge someone with any... View More
Would I get charged as a minor or and adult or not at all for a crime that I did around 12-13 years of age, now that ima 17 years, and they reported me at 18 with no evidence, only oral statements?

answered on Dec 28, 2020
It all depends on the case. You need to have your parents hire a Criminal Defense Attorney to assist you with this matter right away. Statements are evidence, so to day there is no evidence is not a correct statement.
I have proof! I've been shut down no one will help there is plenty of paperwork and documentation. My child has been stolen. And these people falsified information and documented that these allegations were true, without investigating! Please help us!!!!

answered on Nov 12, 2020
It seems that you need to hire a Family Law Attorney right away.
my mom kicked me out and let me live with my boyfriend and signed a paper saying his dad had custody but then she changed her mind and signed me over to my grandparents who i barley know we didnt go through anything legal it is just a paper out of a notebook saying i can live there do i have to... View More

answered on Nov 2, 2020
Legally, you are required to live wherever your parents say. No court order means nothing enforceable typically. Your parents can choose to give guardianship or to take it away. Anyone who harbors you can be charged with harboring a runaway.
I traveled to the last court date from Oklahoma and was told that I could take my son home with me. They closed the case, and at the bottom of the court order, it is written, “All custodial rights of the minor are vested to (my name).” Does this mean that I now have full or sole custody of my... View More

answered on Oct 22, 2020
It sounds like you have sole custody of your son. You should see an attorney licensed to practice law in Oklahoma to figure out what your next step is in that state.
I got pulled over around the 24th and my insurance expired like around a week before. Since it was my dads car I didn't know at the moment. My dad then updated the insurance soon after so there was a brief window that I didn't have proof of insurance. When I went to the court date I... View More

answered on Sep 9, 2020
You need to go back to court and show them the current insurance card and inform them that you did not have insurance on the date and time you were ticketed. If this is your first No Insurance ticket, you should get Court Supervision and a fine. If you are still confused, you should hire an... View More
The public defender says my son has to make his own appointment and I cannot be present during his appointment. Is that legal?

answered on Sep 1, 2020
The Public Defender can absolutely speak to your son alone. There is nothing illegal about an attorney speaking with their client in private. If you are not pleased with the Public Defender, you are always welcome to hire a private criminal defense attorney to assist your son with this matter.
I am not in immediate physical danger but my home is mentally unhealthy and unstable.

answered on Aug 15, 2020
No dice. Unless you have enough on your parents to make a police report and take the risk of going into foster care, you are stuck with your parents. Sometimes parents will agree to let a child stay with an aunt or grandparents, etc. If you run away, anyone who hides you is committing a felony.
My mom apparently coincidentally has a court date the same as mine. She has hers first. Hers is more serious than mine where mine is just a ticket so she needs to be there. If I came to the room by myself, but show proof she was there before or after so my mom can attend hers would that still apply... View More

answered on Aug 11, 2020
Just explain the problem. You won't be the only one in court that day. They can set yours to the end of the list or figure out something.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.